Asheville Woodworking Co. v. Southwick
Supreme Court of North Carolina
Civil ACTION, tried before Eolce, J., and a jury, at April, 1896, Speoial Term of BuNCOmbe Superior Court. The nature and purposes of the action and the matters involved in the appeal appear in the opinion of Associate Justice FuRCHes. There was a verdict for the plaintiff, and the defendant McLoud alone appealed from the judgment thereon.
1Opinion of the Court
Eukches. J.:
This is an action for the recovery of money and to declare a mechanic’s lien, and the first thing we meet with is a motion by plaintiff to dismiss defendant’s appeal upon two grounds:
First, That plaintiff’s case on appeal was not served according to law ; and
Second, That it was not served within ten days, the time required by law, and that the entry upon the docket allowing defendants thirty days to make their case on appeal was made without their knowledge or consent; that tiie judge had no right to make such an order and the same is void.
While we agree with plaintiff upon both…
2Cases cited1 opinion
- Overman v. . SasserSupreme Court of North Carolina · 1890
3Cited by15 opinions
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Henry v. . HilliardSupreme Court of North Carolina · 1897
- Gardiner v. . MaySupreme Court of North Carolina · 1916
- Belvin v. Raleigh Paper Co.Supreme Court of North Carolina · 1898
- Lawing v. LawingCourt of Appeals of North Carolina · 1986
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